Question

[Retane]

Can someone please explain 'Possesion of Stolen Goods' to me? I'm about tired of hunting for information on it. After 30 minutes I still aint found a thing that helps me out.

To be charged with it means to be in possession of the stolen goods right? How can Person A be charged with it if Person B pawned said stolen goods and there's no real proof that Person A had actual possession of the goods? Just because Person B said it was Person A's doesnt mean it's true right?

I'm lost and confused. Anyone think they can help me out?

[Raditzu]

The legal system in America is based on intent. So here are a couple of scenarios. I'll use Bill and John.

Bill steals a TV from someone (doesn't matter who). He then takes the TV to John's pawn shop and sells it for cash.

John has not committed a crime because there was no malicious intent in his action. He had no way of knowing that the TV that Bill brought in was stolen. Now for scenario 2.

Bill steals a TV from someone. He takes it to John's house and tells him he needs to keep it there for a while. John agrees to hide the TV for Bill.

In this situation John has committed a crime. He is hiding the TV. The intent is to prevent Bill from getting in trouble with the law.

That's a pretty watered down description, but there you go. "Possession of stolen goods" is generally something that's only used as an "accessory" crime or just something stacked onto other crimes that were committed. Obviously, if you're Bill, and you get caught with the TV, you're guilty of theft and possession of stolen goods.

That help?

EDIT: Having said that, someone will probably walk in with a link to Wikipedia or something, so if you need a more in-depth explanation, just give it some time.

[Retane]

Well Psycho pawned a Chainsaw... I was in the car... where she got it... I'm oblivious but i think I know from who. I figured it was stolen, and figured she knew it as well. I had to get out and crank the chainsaw cuz she was a dumbass and the pawn shop fuckers won't do it. This is the first and only time I ever cranked up a friggin chainsaw lol.

She gets $40 for it and then goes to Sonic buys food... Gets gas and buys me a few beers and her cigarettes.

After the CDV charge... she was pissed and put the blame on me after she had been caught. I requested a jury trial cuz I dont have a clue about WTF is going on. Now I have a pre-trial conference coming up this friday.

Is there any actual way i can be found guilty for this BS?

Can I ask for a simple Bench trial again? Whats better?

I mean I can't be missing work or I'll get fired. I hate this shit

[Pink Underoo]

If someone accused someone else of possession, the accused is charged under the law. Of course, the accused will be given the right to defend themselves and the accuser and/or state will have to prove that it was in the possession of the defendant, and it's almost impossible to successfully prove "possession" without hard evidence, a number of reliable witnesses or catching the defendant in some kind of lie. Just deny it and stick to your story.

Hope that helps.

edit: don't go to jury, that'll cost a lot of time and money. just take it to bench. if the car was yours, and you admitted that you assumed it was stolen, you'll probably be in some sort of trouble and you could get a minor possession charge. this is why you have the right to remain silent, dude, or at least you should deny knowledge of criminal activity.

double edit: if you really did admit to suspecting it to be stolen (told a cop, wrote it down as testimony) just go with that and accept whatever punishment they hand you otherwise you'll get your ass handed to you. if you made no admission, deny deny deny

[Dehan]

What Pink said...if you didn't admit than deny until your tongue falls off from saying 'I DIDNT KNOW!". But if you're innocent than I'd go for a lie dectator or something.

[Android-18]

The lie detector might screw him over. The whole ordeal is stressing him out already, those things are too faulty imo. Just do what Pink said, deny if you haven't confessed anything yet.

[Dehan]

True...he could try telling them to make them both take one, maybe that'd freak the girl out and make her tell the truth. Also...try changing the company you keep. Seriously, if you knew it was stolen or 'figured' than hell you should've been like 'I don't even want to touch the damn thang.'.

All my friends who steal or associate with those who steal are never ever ever allowed to take anything in my car, during the spring when we ride to the beach they are not allowed to ride with me. Sounds harsh but I can't count how many times Quincy has been pulled over and had stolen property that the cop didn't see or arrest him for.

But I know theres a chance of him getting caught one day, which he's been caught a total of five times that I know of and has only served about three months behind bars, but point blank, he's been my friend since middle school but I know what he does and he knows I don't like it.

My lil rant will end there, but of course I'm just saying know the people you hang around and know when to make a life change or something...I don't really know you but from stuff you posted man I think you may need a break from the area you're in even if it's for a short peroid of time.

[Retane]

Confessed? The day my dad went to jail is the day I learned about it. I Aint said shit yet lol.

And the dude the saw came from... actually robbed me bad from my room.

Dehan... if you knew half the shit I've posted about... you'd know it was full of drama.


As for a Lie Detecor... Yea... I shake when I'm confronted with issues. Nervous as hell. Shoulda seen me at the CDV trial. lol

Someone mentioned a car... funny thing was whenI first went to the court date, they had me down for a stolen vehicle charge. And it was me agaisnt the dude it was stolen from . I was dumbfounded and wasn't given an option to seek legal aid so I picked Jury trial.

I hope to be able to still get a bench trial. But if the car wasn't mine, theres no actual proof that it was my possesion, and I

Confessed? The day my dad went to jail is the day I learned about it.

[Waffuru]

Doubtful a lie detector would be used. They usually assume the threat of contempt is enough for most.

Basically you have to say you didn't know it was stolen. Regardless of what you suspected, YOU DIDN'T KNOW IT WAS STOLEN. That's the story you've got to stick too.

Also, try to avoid the jury trial, I don't think that will actually help you.

edit: and get a lawyer.

[Pink Underoo]

Wait, there's a charge for auto theft? Okay, go get some advice from a real legal consultant (probably 500 dollars for an hour or two of consultation) so you can find out what your options are and take it from there.

[Dehan]

And yea I've read your posts in the K.H (Is Turles btw) and I think Pink has given the best advice yet...

[Josh]

Just say you didn't know it was stolen, since you didn't, it's fine that you may have suspected it but don't say that or the prosecutor might spin it up as though you knew it was.

Other than that you should be fine, because they will have to prove you had knowledge of how your friend got it which will be impossible since you didn't even know to begin with you'd just had a feeling.

[Retane]

Yea. Lawyer? I just started my new job. IM broke. lol

Pink... when I went to court the first time, they had shit mixed up and had said that I was there for Stolen vehicle. We had to correct them on their information.

[Aqua]

If you can not afford a lawyer, one will be appointed to you (unless this is a civil case).

[Retane]

Yea... for $40 lol

[Aqua]

40 bucks or jail?

I think that's a pretty easy choice. Whatever the collateral might be.

[Retane]

oops

[Retane]

Is the guilty sentance actually jail? And why use a lawyer if I didn't do it... Lol.

Shit my stepdad is saying that he doesn't understand it himself. As I wasn't the one that pawned it and actually never hadossession of it, and says that it's more like false arrest.

Even the cop that transporterd me to the city after my name came up with the warrant ...said it seemed like a bullshit charge.

[Pink Underoo]

Yeah, something's not right. If the car thing is really not an issue then it seems like all you have to really do is show up and say you didn't pawn it, steal it, or even know that it was stolen. I'm not sure if it was ever kept at your house, but if it wasn't then bring that up too or if it was then deny knowledge of the crime. If you have already told them that you thought the item was stolen then go with that, but still deny that you had any actual knowledge of the crime.

I spent a lot of time thieving from age 15-17, and I've got the juvenile record to prove it. From my experiences and basic understanding of criminal law you did nothing wrong, so don't sweat it.

[Retane]

I was staying at the psycho's apartment at the time.. and thats where it was, in a closet. But, I aint admitted to anything or talked to anyone about anything. I just hope friday they can allow me to go back to a bench trial.

If thats so... and it's just me and the construction dude, then well... he'd only have written statements I aint seen... I never even heard of a Hall COnstruction. Lol.